MCJ - SOCIOLOGY OF CRIME

2 RATIONAL ACTOR MODEL OF

CRIME AND CRIMINAL BEHAVIOUR
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CLASSICAL
CRIMINOLOGY?

PHILOSOPHICAL
ORIGIN

EVIL
SUPERNATURAL RATIONAL
EXPLANATION EXPLANATION
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CLASSICAL
CRIMINOLOGY?

PHILOSOPHICAL
ORIGIN

social contract
utilitarianism
theories

Free will
Rational decision
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CLASSICAL
CRIMINOLOGY? • the concept that the punishment should fit the crime. Criminals are
seen to owe a ‘debt’ to society and punishment should be fixed strictly
in proportion to the seriousness of the crime.
BECCARIA
• Aversion to capital punishment, torture; suggest extension of
imprisonment and improvement of prison.

‘On Crime and • Individuals had given their consent to the societal arrangement -
when the agree to live amongst society – hence indiv must fulfil the
Punishment’ 1764 conditionof their contract – which include obeying the law: hence they
are punish for interfering with others liberty (ie. By breaking the law)

• Punishment should reflect the pleasure-pain principle; human beings

have free will and would decide matters base on each balance of
pleasure-pain.

• Punishment should be severe and swift but limited (less harsher) to

only that necessary to deter people from ever committing it again (no
capital punishment)
Free will • Hence the notion of ‘responsibility’ for their action (note the demand
Rational decision for ‘mental culpability’ @ mens rea in criminal law)
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CLASSICAL
CRIMINOLOGY?

• ..fundamental axiom of all utilitarian philosophy… ‘the greatest

happiness for the greatest number’. People are rational creature who
JEREMY BENTHAM will seek pleasure and avoid pain.

• role of punishment = to provide a psychological barrier – ie pain that

will prevent individuals from committing crime – or where the
pleasure from committing crime has diminished.

• Punishment should be the minimum required to deter the individual

and others from doing or mimicking it (no capital punishment)

CRIMINAL BEHAVIOUR IS RATIONAL &

CALCULATIVE DECISION
Free will
Rational decision
 MCJ - SOCIOLOGY OF CRIME
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
CLASSICAL
CRIMINOLOGY?
people freely choose all their
behavior;
that motives such as greed,
revenge, need, anger, lust,
jealousy, thrill-seeking, and
vanity are just expressions of
free will or at least
expressions of personal
choice, conclusion, or decision
making that people have
made
FAKULTI
UNDANG-UNDANG
___________
faculty of law
CLAIM:
All crime is the
result of free will
and hedonism
the more certain, swift, and
choices can be severe the punishment, the
controlled by fear of greater is its ability to
punishment; control criminal behavior,
because people weigh especially if the
the potential benefits punishment is fair and
and consequences of serves some rational and
crime, some people legitimate purpose
concluding that the risk [fear of punishment =
of punishment is worth rational deterrence]
the satisfaction of crime;
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CLASSICAL CLAIM:
CRIMINOLOGY? THE
All crime is the result of
RATIONAL
free will and hedonism
OFFENDER
i.e. YOU KNOW THE
BEHAVIOUR IS WRONG.
A CRIMINAL ACT OR
BEHAVIOUR IS BASED
YOU KNOW THAT YOU CALCULATE T’FORE: ON A RATIONAL
YOU WILL BE THAT THE PROFIT YOU HAVE
PUNISHED FOR FROM
(CONSCIOUS/
MADE A
COMMITTING COMMITTING RATIONAL DELIBERATE)
THE PROHIBITED THE ACT DECISION TO DECISION
BEHAVIOUR OUTWEIGH THE COMMIT
RISK OF THAT A CRIMINAL ACT OR
PUNISHMENT BEHAVIOUR BEHAVIOUR IS NOT
IRRATIONAL

PUNISHMENT IS
THEREFORE,
JUSTIFIED
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CLASSICAL
CRIMINOLOGY? LIMITATIONs

Presumes every
person as similar
Does not distinguish:
Age One size fits all
Mental ability punishments
Situational factors
Dependency on
IMPRISONMENT as
the main form of
Length of detention is
Consequently, definition punishment quantifiable!
of crimes become
legalistic (and political) Deterrence factor
 Criminal law =
Offences + punishments
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

NEO- CLASSICAL
CRIMINOLOGY?
i.e. It would be wrong to punish different
people with similar punishment
Acceptance that people –
hence, offenders – are not Different level of mental capability (and
similar decision making ability) - hence, varying
degrees of culpability
Revision of the
doctrine of free will People of mental incapacity – incapable of
exercising free choice – hence, cannot be
made culpable/responsible

Recognised: individual decision making - both

internal and external process
utilitarianism

social contract
theories
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CLASSICAL AND
NEO-CLASSICAL
CRIMINOLOGY 1. emphasis on choice-decision and the
notion of mens rea as proof of criminal
IMPACT ON intention before anyone can be
CRIMINAL sentenced.
JUSTICE 2. ‘Sentencing tariff’ reflect neo-classicist
concern with modifying punishment to
offenders culpability
3. ‘just dessert’ approach to punishment.
(also proportionality)
4. Note also Herbert Packer’s ‘due process
and crime control’ model of criminal
justice .
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CLASSICAL AND
NEO-CLASSICAL Classical/neo-classical - …fails to appreciate
CRIMINOLOGY
that the exercise of free will may be
constrained by biological, psychological or
MAJOR social circumstances.
CRITICISMS
Classical/neo-classical … more concern with
administrative and legal criminology rather
then attempting to explain criminal
behaviour.
AND
Requires that individuals are aware of the criminal
law/offences
 hence laws need to be conveyed/communicated to
individuals (+ understood!)
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CONTEMPORARY Rational choice is the idea that there are

RATIONAL ACTOR
THEORIES many more complex decision making
variables in the reasoning process of
offenders than the simple free will -
deterrence model makes out.

Three groups of contemporary rational choice

theory:

1. contemporary deterrence theories

2. rational choice theory
3. routine activities theory
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CONTEMPORARY
RATIONAL ACTOR
THEORIES
Development: government crime
RATIONAL
prevention.
CHOICE THEORY
Theory  pragmatic solution
…crime as an outcome of
opportunity to offend  removal
of those opportunities could result
in lowering crime incidence.

e.g. SURVEILLANCE e.g. CCTV

e.g. HOTSPOT POLICING

 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CONTEMPORARY
RATIONAL ACTOR offenders decision making process
THEORIES as economic choice:
potential offender calculates
RATIONAL • the legitimate opportunities if earning income
CHOICE THEORY available ,
• the amount of reward they offer,
• the amounts offered by illegal methods,
• the probability of arrest,
• the likely punishment.

+ chooses the activity – legal or illegal that offers

ke the best return.

li g!
st in
Ju opp MAKE CRIME
sh
COSTLY!
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CONTEMPORARY
RATIONAL ACTOR
THEORIES crime is always the outcome of the
offender’s decision
RATIONAL
CHOICE THEORY • offenders invariably act in terms of a limited or
bounded from of rationality
• ie albeit limited facts to make ‘sound decision’ –
offenders remain ‘in charge’ – ie
conscious/aware – of their decision.
• Decision to commit crime is not a complex
cognitive process
• ..crime is simply rational action performed by
fairly ordinary people in response to particular
pressure, opportunities and situational
inducements.
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CONTEMPORARY
RATIONAL ACTOR crime is always the outcome of the
THEORIES
offender’s decision
RATIONAL
• This view is largely a reaction to the predestine-
CHOICE THEORY actor model; i.e. that criminal is just like any
ordinary person rather than someone who is
inherently ‘bad’ or pre-disposed to commit
crime;
• Although some RC theories would accept the
view that individuals inherent predisposition
may interfere with their rational decision. (e.g
pre-existing psychological condition)
• Note that the decision to commit crime may
include a series of choice decision > single
decision – thus external-internal influences on
the decision must not be discounted.
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CONTEMPORARY
RATIONAL ACTOR
THEORIES

Cohen and Felson, Social Inequality and

Predatory Criminal Victimization (1979)
ROUTINE = ‘the risk of criminal victimisation varies
ACTIVITIES dramatically among circumstances and locations
THEORY in which people place themselves and property’
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CONTEMPORARY
RATIONAL ACTOR
THEORIES ‘Routine activities’ of crime events –
elements: time, place, objects and
ROUTINE
persons.
ACTIVITIES
THEORY Variables that increase/decrease the
likelihood that persons will be victims of
‘direct contact’ predatory – personal or
property –crime:
• Motivated offenders
• Suitable targets of criminal
victimisation
• Capable guardians of person or
property
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CONTEMPORARY
RATIONAL ACTOR
THEORIES ‘Routine activities’ of crime events –
elements: time, place, objects and
ROUTINE
persons.
ACTIVITIES
THEORY i.e. crime likely to happen:
- there is someone motivated to commit crime
- a target or potential victim is available
- absence of physical deterrent/guardian.
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CONTEMPORARY
RATIONAL ACTOR
THEORIES I.E. CRIME IS A FUNCTION OF
SITUATION + OPPORTUNITY
ROUTINE
ACTIVITIES
THEORY e.g. burglary/house breaking:
- Occupants not at home
- Property not well secured (e.g. bad door
locks)/no security guards/no gates
- A person with the intention to break into
such homes
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CONTEMPORARY
RATIONAL ACTOR
THEORIES opportunity theory – Cohen, Kluegel and Land
ROUTINE Social Inequality and Predatory Criminal
ACTIVITIES Victimization (1981)
THEORY considers elements of
• exposure,
• proximity,
• guardianship and
• target attractiveness as
= variable that increases the risk of criminal
victimisation.
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
faculty of law

CONTEMPORARY theory is focus on explaining how/why people become

RATIONAL ACTOR victim of crime rather than why people commit crime.
THEORIES The theory provide little explanation on the motivation
ROUTINE that drive these criminal to commit crime when faced
with the ‘opportunistic situation’.
ACTIVITIES
THEORY
it assume that all human being are similar/equal in their
behaviour and motivation: that we all carefully calculate
our action

Rational actor approach – useful in crime prevention theories: the

understanding of crime as an opportunistic activities and the influence
of situational elements.

ie rhetoric of ‘law and order’, ‘just desert’, ‘tough on crime’  politically

pragmatic action oriented – crime control approach, but not result oriented.